The question of whether Artificial Intelligence (AI) can be an inventor in a patent application has been the subject of debate for a while now. There are arguments for and against this issue, and a few models have been proposed to resolve some of the legal problems. Read more Continue Reading Patent Application Naming AI as Inventor in India – Dr. Kalyan C. Kankanala opposes Stephen Thaler’s Patent application
This post was first published on July 15, 2014.
How is the novelty of an invention established? Another question with a similar connotation is - How does one determine if an invention is anticipated? Simple. Let's see if something exactly alike exists. Apparently, the district court of the District of Arizona didn't think so.
We'll look at a case that will put to rest a lot of doubts surrounding the anticipation of inventions. The case, Net MoneyIN, Inc. v. Verisign,…
This post was last published on July 18th, 2014.
Today we will take a look at two patentability cases with a very similar premise, the premise being if the public use of an invention bars its patentability. What these two cases have in common is only the premise, and with a little scrutiny, we will see how contrasting the cases actually were.
1. Egbert v. Lippmann, 104 U.S. 333 (1881)
In the year 1855, Samuel Barnes, designed corset springs,…
This Post was first published on 15th May, 2013.
NOVARTIS AG (APPELLANT) Vs. UNION OF INDIA & OTHERS (RESPONDENTS)
Decided by the Supreme Court of India, CIVIL APPEAL Nos. 2706-2716 OF 2013.
Brief Facts
The Appellant, Novartis, filed an application for patent in 1998 for a crystalline salt form of Imatinib and its use in cancer treatment.
It specifically claimed the methanesulfonic acid addition salt form of the compound, Imatinib, called as Imatinib Mesylate (commonly referred to as Glivac or…
First Publication Date: 2nd December 2010.
Since the Neanderthal age man has been on a perpetual quest to improve its living conditions which has made it possible for science to advance from one stage to another. Man is a curious being and to satisfy its insatiable curiosity it has constantly been on the lookout for new things.
The essential human journey has witnessed visionaries and inventors who have always been in a race with time which has resulted…
This abridged version of the Novartis case was used by Dr. Kalyan C. Kankanala to explain to the students of UPES, the patentability requirements under the Patent Law and the significance of Section 3(d) under the Patents Act. This abridged document was provided to the B.tech - LLB students at UPES School of Law as part of the Patent Law and Practice Program being taught by the BananaIP Team.
The Novartis case has been abridged to suit the discussion in the class, and to…
A destitute man was nervously twisting a brass wire in his work-shed, trying to think of something that would help him pay off his debt, when an idea struck him. The man was Walter Hunt, and the idea was a dress pin, which we know as the modern safety pin. In his patent filing for the safety pin, Hunt described the invention of “a pin made of one piece of wire or metal combining a spring, and clasp or catch,”…
The Indian auto and affiliated industries have seen unprecedented progress and growth in the last ten years. India has gone from an economy which used to replicate innovation and products from industrialized nations to becoming one of the preferred destinations for research and development, as well as manufacturing. To compete globally however, it is essential for organizations to invest in, develop and capitalize on their intellectual property (IP). But how to go about this is something that most Indian companies…